Bill Summary for S 308
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| View NCGA Bill Details | 2023-2024 Session |
AN ACT TO UPDATE THE GUARDIANSHIP ACCOUNTING STATUTE TO ALLOW FOR CERTAIN TIMING ELECTIONS AND EXTENSIONS, TO AMEND THE GENERAL STATUTES TO PREVENT THE ABUSE OR MISUSE OF AUTHORITY GRANTED TO AN AGENT IN A POWER OF ATTORNEY, AND TO PROMOTE THE RIGHTS AND INDEPENDENCE OF PERSONS SUBJECT TO THE GUARDIANSHIP PROCESS AND TO IMPROVE JUDICIAL OVERSIGHT AND ACCOUNTABILITY FOR GUARDIANS OF THE PERSON, AS RECOMMENDED BY THE NORTH CAROLINA BAR ASSOCIATION, TO MODIFY AND CLARIFY PROVISIONS RELATED TO THE RETRIEVAL OF FIREARMS, AMMUNITION, AND PERMITS SURRENDERED PURSUANT TO AN EX PARTE, EMERGENCY, OR PERMANENT DOMESTIC VIOLENCE PROTECTIVE ORDER, AND TO PROTECT MINOR VICTIMS OF AND WITNESSES TO CRIME.Intro. by Galey, Daniel, Overcash.
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Bill summary
Senate committee substitute to the 1st edition makes the following changes.
Part 1
Amends GS 35A-1264 (pertaining to annual accounts by guardians of property the guardian received) to specify that election of a fiscal year must be made by the guardian upon filing of the first annual account; or, if made in a subsequent year, with the permission of the clerk (was, just provided for election of a fiscal year). Changes the part’s effective date to January 1, 2024 (was, effective when it became law).
Part 3
Makes clarifying change to GS 35A-1116 (pertaining to assessment of costs and fees) to clarify that a court can only tax costs incurred by any party against the respondent if the court finds that such costs were incurred for the respondent’s benefit. (Prior version did not have language specifying that the court must make that finding.) Specifies that if the clerk finds that the petitioner did not have reasonable grounds to bring the proceeding, costs will be taxed to the petitioner.
Amends the notice of right to an attorney specified in GS 35A-1117 (required notice of rights to respondent) to also notify the respondent that if they do hire an attorney, the court may require the guardian ad litem to continue to be involved in their case. Makes technical and clarifying changes to the right-to-hearing language set forth in GS 35A-1117. Deletes requirement that the court provide a copy of the notice of rights to the respondent, respondent’s next of kin, and upon request, any interested party.
Changes part’s effective date to January 1, 2024, and now applies to petitions filed on or after that date (was, effective when it became law and applies to petitions filed 180 days thereafter).